WVC 11 - 13 L- 4
§11-13L-4. Amount of credit allowed.
(a) Credit allowed. -- Eligible taxpayers shall be allowed a
credit against the tax prescribed by section two-e, article
thirteen of this chapter, the application of which and the amount
of which shall be determined as provided in this article.

(b) Amount of credit. --

(1) The amount of credit allowed to the eligible taxpayer is
one thousand dollars multiplied by the number of qualified
employees employed by the eligible taxpayer during the taxable
year, as determined under section six of this article: Provided,
That if the number of qualified employees employed by the eligible
taxpayer during the taxable year, as determined under section six
of this article, is less than sixty percent of the number of
qualified employees employed by the eligible taxpayer on the first
day of January, one thousand nine hundred ninety-six, as adjusted
under subdivision (2) of this subsection, then no credit shall be
allowed for the taxable year.

(2) For purposes of this section, the tax commissioner shall
adjust the number of qualified employees determined to be in place
on the first day of January, one thousand nine hundred ninety six,
to reflect a sale, transfer or spin off of an affiliate or segment
of the business of an eligible taxpayer in circumstances where the
sale, transfer or spin off does not result in a decrease in thenumber of jobs in place in this state. A sale, transfer or spin
off that results in no loss of jobs in this state shall not cause
the eligible taxpayer to lose entitlement to the credit in
circumstances where the sixty percent limitation set forth in this
section would otherwise operate to cause a disallowance of the
credit. This subsection shall not be construed to prevent
adjustment of the amount of credit allowed to the eligible taxpayer
based upon the number of qualified employees employed by the
eligible taxpayer during the taxable year, as determined under
section six of this article.

(3) For any taxable year subsequent to a taxable year when
credit was disallowed by reason of employment falling below the
sixty percent level, an eligible taxpayer may be allowed credit
under this article if the number of qualified employees employed by
the eligible taxpayer during the taxable year, as determined under
section six of this article, has increased to a number equal to or
greater than sixty percent of the number of qualified employees
employed by the eligible taxpayer on the first day of January, one
thousand nine hundred ninety-six.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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